94SN0183kA,..,,,...-I-, I ~ I ddA
May 25, 1994 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
94SN0183
Courthouse Acres Partnership
Matoaca Magisterial District
North line of Powhite Parkway
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single family residential subdivision, with a minimum lot size of 12,000
square feet, is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 13.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
Ao
The proposed zoning and land use conform to the Powhite/Route 288
Development Area Land Use and Transportation Plan, which designates the
request property for residential use of 1.51 to 4.0 units per acre.
The proposed zoning and land use conform to existing and anticipated area
residential development patterns.
C. The proffered conditions address impacts on capital facilities and
transportation, as outlined herein.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY
STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
The applicant, subdivider, or assignee(s) shall pay the following to the
County of Chesterfield prior to the time of building permit application
for infrastructure improvements within the service district for the
property:
a. $5,043 per lot, if paid on or prior to June 30, 1994; or
bo
The amount approved by the Board of Supervisors not to
exceed $5,043 per lot adjusted upward by any increase
in the Marshall and Swift Building Cost Index between
July 1, 1993, and July 1 of the fiscal year in which the
payment is made if paid after June 30, 1994.
(STAFF/CPC) 2. Public water and sewer shall be used.
(STAFF/CPC) 3.
With the exception of timbering to remove dead or diseased trees
which have been approved by the Virginia State Department of
Forestry, there shall be no timbering until a land disturbance permit has
been obtained from the Environmental Engineering Department and the
approved devices installed.
(STAFF/CPC) 4.
There shall be at least a 150 foot setback from the Powhite Parkway
right of way. This setback shall be exclusive of required yards. All
natural vegetation shall be maintained within this setback area unless
removal of the vegetation is approved by the Planning Commission.
(STAFF/CPC) 5. There shall be curb & gutter and asphalt roads.
(STAFF/CPC) 6.
The developer shall notify the last known Presidents of the St. James
Woods and Poplar Creek Homeowners Associations prior to tentative
subdivision plan subdivision.
(STAFF/CPC) 7.
The following minimum gross square footage of dwellings shall apply
on those lots adjacent to St. James Woods Subdivision, west of the
Commonwealth gas line easement:
One story -
More than one story -
1,700 gross square feet
1,800 gross square feet
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94SN0183/WP/MAY25G
(STAFF/CPC) 8.
On ali other lots west of the Commonwealth gas line easement, the
following minimum gross square footage of dwellings shall apply:
One story
More than one story
1,500 gross square feet
1,700 gross square feet
The following Declaration of Restrictions shall be recorded in
conjunction with the recordation of any subdivision plat west of the
Commonwealth gas line easement:
THE OWNERS do hereby declare that said property is to be held,
owned, conveyed, used and occupied subject to the following
restrictive covenants:
An Architectural Review Committee, hereinafter called "ARC",
shall be comprised of the developer, their heirs, personal
representatives, successors, and assigns, any of which may act.
The ARC shall coordinate each residence and lot and shall
establish reasonable rules and regulations relating to the
procedure for architectural approvals and general guidelines for
architectural plans for St. James Woods according to the
specifications set forth in "Architectural Review St. James
Woods" attached hereto as Exhibit "A" and made a part hereof.
The Arc shall not be liable to any Owner or to any other person
on account of any claim, liability, damage, or expense suffered
or incurred by or threatened against an Owner or such other
person arising out of or in any way relating to the subject matter
of any review, acceptances, inspections, permissions, consents,
or required approvals which must be obtained for the ARC
whether given, granted, or withheld.
o
No Improvements, either permanent or temporary, alterations,
repairs, changes in color, excavations, changes in grade, major
landscaping, or other work which in any way alters the exterior
appearance of any Lot or improvement located thereon from its
natural or improved state existing on the date such Lot was first
conveyed in fee by the developer to an owner (including
clearance of trees and vegetation, driveways, entrance ways,
fences, mailboxes, and lamp post structures), shall be made or
done until the plans, specifications, working drawings, and
proposals for the same showing the nature, kind, shape, type,
color, materials, and location of the improvements on the Lot
and a landscaping plan shall have been submitted to and
3 94S NO 183/W P/MAY25G
approved in writing as to harmony of external design and
location in relations to surrounding structures, topography, and
applicable governmental requirements by'the ARC.
All easements along road frontage and lot lines as shown on the
aforesaid subdivision plat are hereby reserved unto the
developer, his personal representatives, heirs, assigns, or agents,
for the purpose of drainage or furnishing light, telephone or any
other utility to the property.
Lots shall be occupied and used as follows:
ao
Lots shall be used for private residential purposes only
and no building of any kind whatsoever shall be erected
or maintained thereon except for:
1. One private dwelling house with each dwelling
being designated for occupancy by a single
family.
2. Private garages for the sole use of the respective
owners of the Lots upon which such garages are
erected.
3. A single building for the storage of non-
commercial vehicles, boats, equipment, and tools
used in maintenance of the Lot upon which
erected.
No building shall be located on any tot nearer to any street or
to a side line than is permitted under the applicable local
zoning ordinance in effect at the time such building is
constructed.
No structure of a temporary character, trailer, basement, tent,
shack, garage, barn, or other outbuilding shall be used on any
Lot at any time as a residence either temporarily or
permanently.
The construction of any structure on a Lot shall be completed
with a period of nine (9) months after the beginning of
construction. During construction, the Lot shall be maintained
in a clean and uncluttered condition, free of unnecessary
accumulation of waste and building debris.
4
94SN0183/WP/MAY25G
10.
11.
12.
13.
It is the responsibility of each Owner to prevent the
development of any unclean, unsightly, or unkept condition of
buildings or grounds on his Lot. All improvements on each Lot
shall be kept in good repair, and, where necessary, painted on
a regular basis. No portion of the Property shall be used or
maintained as a dumping ground for rubbish. Outdoor burning
of leaves, trash, or other debris shall not be permitted. All trash
, garbage, and other waste shall be kept in sanitary containers
which shall be surrounded by wooden screening with such
screening being approved by the ARC, or otherwise out of sight
from the street.
No nuisance or offensive activity shall be permitted or
maintained upon any Lot, nor shall any poultry, hogs, rabbits,
cattle, or other livestock be kept thereon with the exception of
dogs, cats, or other normal household animals kept as pets
thereon in numbers not exceeding those permitted by the law
provided they are not kept, bred or maintained for any
commercial purposes, and must be kept under control of their
owner when outside owner's premises, nor constitute a
nuisance in the opinion of the ARC, his successors or assigns.
No use shall be made of any Lot which will depreciate or
adversely affect the surrounding Lots or the Property.
Each residence constructed on a Lot shall be connected to a
public sewer.
No dwelling house shall be erected upon any Lot with a total
floor or living space, exclusive of basements, porches,
breezeways, garages, and unfinished storage spaces of less than:
1800 square feet on homes over one story and 1 700 square feet
on single story homes or as otherwise restricted by the zoning
ordinance, except those lots which backup to Powhite Parkway
shall be 1 700 square feet on homes over one story and 1500
square feet on single story homes or as otherwise restricted by
the zoning ordinance
All lots west of the Commonwealth gasline easement that do not
back up to Powhite Parkway shall have a minimum of an
attached one car garage.
No Lot shall be further subdivided without prior written consent
of the ARC. However, the developer hereby expressly reserves
5 94SN0183/WP/MAY25G
14.
15.
16.
17.
18.
for itself, its successors, and assigns, the right to re-subdivide
any Lot or Lots shown on any recorded plan of subdivision of
the Property prior to the delivery of a deed to said Lot or Lots
without the prior written consent of any Lot Owner.
Except for emergencies, which emergencies must be proven to
the satisfaction of the ARC, no trees with a diameter of six (6)
inches or more, measured two (2) feet from the ground,
flowering trees, shrubs, or evergreens may be cleared from any
Lot without prior written permission of the ARC. In the event
a Lot Owner violates this covenant, the Lot Owner will be fined
$25.00 per inch for every such tree removed and it shall be
assumed that each tree had a diameter of twelve (12) inches.
No commercially licensed vehicles, motor vehicles, recreational
vehicles, boats, disabled vehicles, vehicles without a current
state license or state inspection sticker, machinery, or other
equipment shall be visible from the street for a period exceeding
twenty-four (24) hours. Any screening of such vehicles must be
approved by the ARC. This covenant shall not apply to vehicles
and equipment used in connection with construction upon Lots,
while such construction is in progress, or in connection with the
development of the Property. If shall be the responsibility of
each Owner to construct and maintain suitable and adequate
parking space on his Lot and all vehicles shall be parked
thereon.
The operation of unlicensed motor bikes, ATV's, and
motorcycles on the lots and entrance area shall be subject to
regulation by the Owners and may be prohibited entirely.
No external illumination on any Lot shall be of such a character
or intensity or so located as to interfere with any other Owner's
use or enjoyment of his Lot. No neon or flashing lights shall be
permitted. All external lighting must be approved as to size and
intensity by the ARC.
Except during construction, no signs of any kind shall be
displayed to the public view on any lot except:
Ao
One sign not exceeding four (4) square feet in area used
for the purpose of advertising the Lot for sale or rent: and
6
94SN0183/WP/MAY25G
Bo
One sign not exceeding four (4) square feet in area
which identify the resident occupying the Lot, the name
of the Lot, or both.
19.
No temporary, portable, or above-ground swimming pools may
be erected on any Lot that will be visible from the street.
20.
No outside antennas, television or otherwise, shall be permitted;
provided, however, that until cablevision television becomes
available to the Property, exterior television antennas shall be
permitted, provided that they do not extend more than five (5)
feet past the roof line of any dwelling. No satellite dishes shall
be visible from the street.
21.
No construction shall be permitted without appropriate erosion
control so as to prevent the discharge of any soil or other
materials onto any other Lot or Common Area. The ARC may
establish reasonable rules and regulations establishing a
maximum percentage of any Lot which may be covered by a
building, driveway, or other structure.
22.
No fences or walls not constituting a part of a building shall be
erected, placed or altered on any Lot nearer to any street than
the minimum exterior setback line, but in no case shall it extend
further forward than the rear of the house except with the
approval of the ARC.
23.
No shrubs, trees, fences or structures of any type shall be
erected which may partially or fully block vehicular sight
distance, as set forth in the Virginia Highway Department
regulations, on any roadway in the subdivision.
24.
No Lot owner shall disturb or siltate shoulder, backslopes,
ditches, pavement, curb and gutter, driveway culverts, or any
other improvements within the public right-of-way. Each Lot
Owner agrees to be responsible for disturbances, damages,
and/or siltation caused by themselves, their employees,
suppliers, contractors, or others, and shall have fourteen (14)
days from the receipt of a letter from the developer and/or the
ARC to correct the damage. If a Lot Owner fails to correct the
damage in a workmanlike manner, then the developer or its
assigns shall have the right to correct the damage and bill the
Lot Owner directly on a cost-plus-fifty-percent (50%) basis. If a
Lot Owner does not make payment within thirty (30) days of
7 94SN0183/WP/MAY25G
25.
26.
27.
28.
presentation of the bill, a two percent (2%) per month service
charge shall be applied to such bill.
Any one or more of the Covenants and Restrictions imposed in
Paragraphs 1 thru 23 hereof may be waived, modified, or
rescinded, in whole or in part, as to all of the Property or any
Lot, by written instrument of the ARC.
Invalidation of any of these covenants and conditions, by court
adjudication or otherwise shall in no way modify, affect, or
invalidate any of the other covenants and conditions contained
herein which shall remain in full force and effect.
Each and every covenant and condition herein imposed may be
enforced by the undersigned or the owner of any lot by
appropriate proceedings at law or in equity against any party
violating or attempting or threatening to violate the same to
prevent or rectify such violation and/or recover damages
therefore. The failure of an owner or the undersigned to bring
any such proceeding shall not be considered as a waiver of any
rights at law or in equity that any such party may have for past
or future violation of any covenant herein contained.
These covenants and conditions are to run with the land and
shall be binding upon subsequent owner or owners and all
parties claiming through or under such owner or owners for a
period of thirty (30) years from the date these covenants are
recorded, after which time said covenants shall be automatically
extended for successive period of ten (10) years unless an
instrument signed by a majority of the owners of the Lots has
been recorded, revoking said covenants, or agreeing to change
said covenants in whole or in part.
EXHIBIT "A"
ARCHITECTURAL REVIEW
All plans to be approved prior to commencement of
construction on each lot. House location to be approved prior
to construction.
8
94SN0183/WP/MAY25G
1800 square feet on homes over one story and 1 700 square feet
on single story homes or as otherwise restricted by the zoning
ordinance except those lots which backup to Powhite Parkway
shall be 1700 square feet on homes over one story and 1500
square feet on single story homes or as otherwise restricted by
the ordinance
Roof
Minimum 7/12 pitch
Minimum 12" overhang
No uncolored galvanized flashing
Foundation
Brick foundations
Brick or stone on chimney chases
Dwelling
Main body of house to be a minimum of 30 feet in width
No single story homes adjacent to each other
Stoops and walks
Brick stoops or painted fir (no salt treated stoops except
when approved by ARC)
Minimum 40 sq. ft.
Concrete sidewal ks
Painted lattice under front porches - painted risers on steps,
painted pickets and painted band on front porches
Siding
Panel shutters on front windows
Minimum 1 x 6 rake and facia boards
No T1-11 siding
Landscaping
$300 allowance for shrubs
White painted mailbox and lamp post consistent throughout
subdivision
9 94SN0183/WP/MAY25G
(STAFF/CPC) 9.
(STAFF/CPC) 10.
Builder to leave as many trees as possible over 6 inches at the
base
Colors
3 color exterior paint except for 2 colors if painted white
Satellite Dishes and swimming pool design, location and
screening to be approved prior to installation.
The Architectural Review Committee (ARC, which consists of
the developer, their successors, heirs, or assigns, reserve the
right to modify the above restrictions or any other imposed deed
restrictions in all or in part without notice. In addition, the ARC
reserves the right to make special exceptions to these conditions
on an individual basis; however, any special exception(s) shall
not be deemed as a waiver of the restriction(s) as they may
apply in the future.
The ARC reserves the right to disallow construction of
architecturally similar homes adjacent to each other.
The following shall apply on those lots east of and inclusive of the
Commonwealth gasline easement:
A. Dwellings shall have a minimum gross square footage as
follows:
One story -
More than one story -
1,700 gross square feet
1,800 gross square feet
Bo
The overall average lot size shall be a minimum of 19,000 gross
square feet.
C. The maximum number of units shall be twelve (12).
The following Declaration of restrictions shall be recorded in
conjunction with the recordation of any subdivision plat east of and
inclusive of the Commonwealth gas line easement:
NOW THEREFORE, THE OWNER does hereby declare that said
property is to be held, owned, conveyed, used and occupied subject
to the following restrictive covenants which shall run with the land;
10
94SN0183/WP/MAY25G
o
o
o
All lots shall be used for residential purposes only, and there
shall not be erected on any one lot, as such is prescribed and
designated on said plat, more than one detached single family
dwelling house, and a private garage and other outbuildings
incidental to residential use.
No building shall be situated on any lot in violation of the
applicable zoning ordinance in effect at the time permitted
between the residence and street line. Splitrail fences or other
wooden fences may be built between the rear of the house and
the rear lot line. The split rail fences may be backed with wire
to provide animal retention. There shall be no metal or chain
link fences permitted.
No fowl, swine, goats, cattle, or mules shall be allowed or kept
on the property and no dog or cat kennels, rabbit hutches, or
pigeon lofts, temporary or permanent, shall be erected on the
property.
No satellite dishes or antennas of any type whatsoever shall be
situated on any lot.
No basement, tent, shack, garage, barn, or other outbuilding
shall be erected for use as a temporary residence on this
property and no trailer can be placed on this property as a
temporary or permanent residence. No unlicensed or
uninspected motor vehicles will be allowed or kept on the
property or in the streets and roads in the Subdivision.
No dwelling house shall be erected with a total floor or living
space, exclusive of all basements, porches, breeze-ways,
garages, tool rooms, and storage space, of less than 1700 square
feet for a one-story, styled dwelling or 1800 square feet for a
two-story. All one and one-half story dwellings must have a
minimum of two dormers and 1800 square feet. Storm
windows and bay windows of standard construction will be
allowed. Roof pitch except for covered porches shall have a
minimum of a six (6) inch rise per foot. All foundations to be
of block and brick or parged cinder block. Williamsburg colors
must be used, brass kick plates on all entry doors visible from
the street, closed risers on steps, lattice material to screen all
underside of decks, porches or stoops that are visible from the
street. It shall be the responsibility of the purchaser to protect
and maintain required culvert pipes and drainage facilities and
11 94SN0183/WP/MAY25G
o
10.
11.
12.
insure that said culvert pipes meet Virginia Department of
Highways and Transportation standards. If at the time of
acceptance by the Virginia Department of Highways and
Transportation the culvert or drainage facilities require
maintenance, the cost of said maintenance shall be borne by the
original purchaser.
Before any structure is erected, placed, or altered, the building
plans, specifications, and plat plan for locations of said
structure, driveway and parking, fuel storage, refuse storage
containers, and fences must be approved in writing by the
Architectural Control Committee.
The Architectural Control Committee is composed of the
developer or his successors, heirs, or assigns, and two other
members designated by the president or his assigns. The
Architectural Control Committee reserves the right to modify the
restrictions contained herein or any other imposed deed
restriction in all or part without notice. In addition, the
Architectural Control Committee reserves the right to make
special exceptions to these conditions on an individual basis;
however, any special exception(s) shall not be deemed as a
waiver of the restriction(s) as they may apply in the future. Any
decision by the Architectural Control Committee shall not be
effective unless in writing and signed by one member of the
committee.
That prior to any removal of a tree more than 9" in diameter,
clearing, landscaping or other alterations of the terrain, approval
shall be secured in writing from the Architectural Control
Committee.
No noxious or offensive trade or activity shall be carried on or
upon any lot, nor shall anything be done thereon which may be
or become an annoyance or nuisance to the neighborhood or
injure the value of the neighboring property.
Easements are reserved as shown on the recorded plat.
Enforcement of these restrictions shall be by proceeding at law
or in equity against any person or persons violating or
attempting to violate any covenants herein either to restrain a
violation, remove a violation and/or to recover damages.
12
94SN0183/WP/MAY25G
13.
Invalidation of any one of these covenants by operation of law
or court order shall in no way affect any of the other provisions
which shall remain in full force and effect.
14.
The developer, its successors, heirs, or assigns, expressly reserve
the right to waive, amend, enlarge or modify the foregoing
covenants, conditions and restrictions so long as it owns any
real estate contained within the boundary lines of the
subdivision. When the developer no longer owns any of the
subject property, then upon the approval of a majority of the
property owners, any of these covenants, conditions and
restrictions may be amended, modified, changed or eliminated.
15.
These covenants are to run with the land and shall be binding
on all parties claiming title to the land for a period of thirty (30)
years from the date these covenants are recorded, after which
times said covenants shall be automatically extended for
successive periods often (10)years unless an instrument signed
by a majority of the then owners of the subdivision lots has
been recorded, modifying said covenants is whole or in part.
GENERAL INFORMATION
Location:
North line of Powhite Parkway, west of Courthouse Road. Tax Map 38-5 (1) Part of
Parcel 2 (Sheet 14).
Existing Zoning:
A
Size:
27.1 acres
Existing Land Use:
Vacant
13 94SN0183A, V P/MAY25G
Adjacent Zoning & Land Use:
North - R-12; Single family residential or vacant
South - A; Powhite Parkway
East - A; Vacant
West - A; Vacant
PUBLIC FACILITIES
Utilities:
Public Water System
An eight (8) inch water line is located on Crawford Wood Drive, approximately 180
feet north of the request site. A six (6) inch water line is located on Crawford Wood
Terrace, approximately 120 feet north of the request site. The applicant has proffered
the use of the public water system. (Proffered Condition 2)
The results of a computer-simulated flow test indicate that sufficient flow and pressure
should be available to meet the domestic and fire protection demands of the
proposed use. Fire flow requirements are established and coordinated through Fire
Administration.
Public Wastewater System
An eight (8) inch wastewater line is located on Crawford Wood Drive, approximately
sixty (60) feet north of the western portion of the request site. An eighteen (18) inch
wastewater line is located along the eastern property line of the request site. The
applicant has proffered the use of the public wastewater system. (Proffered Condition
2)
The results of a computer-simulated hydraulic analysis indicate that sufficient capacity
should be available to accommodate the domestic flows of the proposed use.
Environmental:
Drainage and Erosion
The request property drains south, under Powhite Parkway, then to Falling Creek via
tributaries. No existing or anticipated on- or off-site drainage or erosion problems.
Off-site easements and drainage improvements may be required due to increased
14
94SN0183/WP/MAY25G
runoff generated by the proposed development. There is a 100 foot Resource
Protection Area along the eastern portion of the property. Development must
conform to the Chesapeake Bay Act relative to this Resource Protection Area and
other matters of water quality. In order to insure that proper erosion control devices
are in place, the applicant has proffered that there will be no timbering of the
property until a land disturbance permit has been issued. (Proffered Condition 3)
Fi re Service:
Wagstaff Fire Station, Company #10. County water flows and fire hydrants must be
provided for fire protection purposes in compliance with nationally recognized
standards (i.e., National Fire Protection Association and Insurance Services Office).
The proposed development will generate additional need for fire protection services.
A proffered condition has been received to address this need. (Proffered Condition
1)
The proposed roadway network for this project should connect to available access
from adjacent developments via stub roads in order to enhance emergency vehicle
access and meet current Ordinance requirements. At the ti me of tentative subdivision
review, specific recommendations to address these concerns will be provided.
Fiscal Impacts:
Financial Impact on Capital Facilities:
PER UNIT
# of New Dwelling Units [ 83.00 1.00
Potential
Population Increase I 234.06 I 2.82
Number New Students
Elementary 24.07 0.2 9
Middle t0.79 0.13
High 12.45 0.15
Total 47.31 0.5 7
Net Cost for Schools 178,948 2,156
Net Cost for Parks 34,943 421
Net Cost for Libraries 12,450 150
15 94S N0183A, V P/MAY25 G
Net Cost for Fire Stations 17,845 215
Average Net Cost for Roads 174,383 2,101
Total Net Cost 418,569 5,043
The proposed zoning and land use will have a fiscal impact on capital facilities.
Consistent with the Board of Supervisors' policy, the applicant has offered cash
proffers to address the impact of this proposed zoning on such capital facilities.
(Proffered Condition 1)
Schools:
Approximately forty-seven (47) school age children will be generated by this request.
The site lies in the Gordon Elementary School attendance zone: capacity - 761,
enrollment- 711; Midlothian Middle School zone: capacity- 1,350, enrollment-
1,212; and Monacan High School zone: capacity- 1,750, enrollment- 1,782.
This development would have an impact on area schools. However, school zone
configurations would be affected by new building plans due to the rapid area growth.
A new high school is scheduled to open in September 1994. This school will
provide relief for Monacan High School, where 159 seats will become available. No
additional facilities to serve this area are currently planned through 1994. The
applicant has agreed to participate in the cost of providing for area school needs.
(Proffered Condition 1)
Transportation:
Development is anticipated to generate approximately 610 average daily trips. These
vehicles will be distributed through the St. James Woods and Poplar Creek
Subdivisions to Lucks Lane which had a 1993 traffic count of 12,072 vehicles per
day.
Powhite Parkway borders the southern part of the subject property. Traffic noise on
the Powhite Parkway is anticipated to have an impact on this proposed residential
development. The applicant has proffered a 150-foot undisturbed setback exclusive
of all required yards in the Powhite Parkway right-of-way. (Proffered Condition 4)
Based on a 20 year projection of traffic volume along Powhite Parkway, this 150-foot
setback should locate the homes that will be developed on the subject property in
an area that is acceptable for residential exterior noise levels (i.e., sound levels of 67
decibels or less).
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94SN0183/WP/MAY25G
Area roads need to be improved to accommodate an increase in traffic generated by
this development. The applicant has proffered to contribute cash for all "off-site" road
improvements. (Proffered Condition 1)
VDOT has indicated that roads within the St. James Woods and Poplar Creek
Subdivisions may need to be upgraded to facilitate traffic generated by this
development.
LAND USE
General Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Land Use
and Transportation Plan, which designates the property for residential use (1.5 to 4.0
units per acre).
Area Development Trends:
Development to the north is characterized by residential zoning and land uses (Poplar
Creek and St. James Woods Subdivisions). These subdivisions have developed with
densities of approximately 1.94 and 2.43 units per acre, respectively. Properties to
the east and west are zoned agriculturally and are vacant. Residential uses similar
to the densities proposed by this application and the adopted Plan are anticipated on
adjacent agricultural properties.
Conclusions:
The proposed zoning and land use conform to the Powhite/Route 288 Development
Area Land Use and Transportation Plan, which designates the request property for
residential use of 1.5 to 4.0 units per acre. In addition, the proposed zoning and
land use conform to existing and anticipated area residential development patterns.
The proffered conditions address impacts on capital facilities and transportation.
Therefore, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (3/15/94):
At the request of the applicant, the Commission deferred this case for thirty (30) days.
17 94SN0183/WP/MAY25G
Staff (3/16/94):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than March 23, 1994, for consideration at the
Commission's April 26, 1994, public hearing. Also, the applicant was advised that
a $50.00 deferral fee must be paid prior to the Commission's April 26, 1994, public
hearing.
Applicant, Matoaca and Clover Hill District Commissioners, area residents and staff
(3/22/94):
A meeting was held to discuss the proposal. Concerns were raised by area residents
relative to house sizes, garages, lot sizes, densities and restrictive covenants. The
applicant agreed to submit additional proffered conditions to address these concerns.
Applicant (3/23/94):
The applicant paid the $50.00 deferral fee.
The applicant submitted a draft copy of additional proffered conditions, for review
and comment.
Staff (3/29/94):
Staff suggested changes to the proffered conditions, to address concerns relative to
their enforceability.
Staff (3/31/94):
To date, no new information has been received. The applicant has indicated that the
revised proffered conditions will be submitted, once area residents have had an
opportunity to review the latest changes.
Applicant and Staff (4/22/94):
In response to concerns expressed by area residents, the applicant submitted
additional Proffered Conditions 5 through 10 relative to notification of adjacent
subdivisions prior to submission of tentative subdivision plans, minimum house sizes,
18
94SN0183/WP/MAY25G
and recordation of restrictive covenants. In addition, the applicant has submitted an
amendment to Proffered Condition 3 to address concerns relative to timbering.
It should be noted that the County will not be responsible for enforcing the restrictive
covenants, only that they be recorded (Proffered Conditions 8 and 10). Once the
covenants are recorded, they may be amended as provided for in the covenants.
Planning Commission Meeting (4/26/94):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission
recommended approval of this request and acceptance of the proffered conditions on
pages 2 through 13.
AYES: Unanimous.
The Board of Supervisors on Wednesday, May 25, 1994, beginning at 7:00 p. m., will take
under consideration this request.
19 94SN0183/WP/MAY25G
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SH. 14
R-12